scholarly journals The human right to security in the implementation of the concept of the "right to health protection"

2021 ◽  
Vol 11 (3) ◽  
Author(s):  
Oleкsandr SHEVCHUK ◽  
Nataliya MATYUKHINA ◽  
Oleкsandra BABAIEVA ◽  
Anatoliy DUDNIKOV ◽  
Olena VOLIANSKA
Keyword(s):  
Health Care ◽  
Health Sector ◽  
Human Security ◽  
Legal Regulation ◽  
Right To Health ◽  
Health Protection ◽  
Healthcare Sector ◽  
Main Function ◽  
Human Right ◽  
The Right

Legal support of human security in the field of health care includes the guarantee, protection and protection of rights and freedoms in the field of health care, which is the main function, as well as the goal and duty of the state. This paper describes certain aspects of the legal regulation of the implementation of the "human right to security in the health sector" and the problems of its enforcement. The research methodology is based on a system of methods of the philosophical, general scientific and special scientific level. The main goal of this scientific article is to define the concept‚principles‚ types and directions of implementation of the “human right to safety” in the concept of “the right to health protection”. The general principles of the implementation of the “human right to security in the health sector” are disclosed. It is emphasized that the legal mechanism for the implementation of the “human right to security in the healthcare sector” is the activity of legal entities, lawmaking and law enforcement agencies, and the existing legal norms governing their activities in the healthcare sector. The investigated human right to safety should be understood as a complex of rights related to the protection of the patient's legitimate interests in the healthcare sector from unlawful encroachments and threats.. The author's understanding of the definition of "patients' right to safety". It is argued that human security in the field of health care belongs to the basic needs of a person - the implementation of this need is determined by the level of development of a country, its economic and cultural components, the level and quality of life of a person living in this country, an effective health care system. It is concluded that the main goal of legal ensuring human security in the healthcare sector is to create the minimum necessary (safe) conditions for the implementation of these rights and obligations when receiving medical services.

scholarly journals Human Right to Internet Access in Healthcare in the “Right to Health Concept”: Legal Issues

2021 ◽  
Vol 10 (2) ◽  
pp. 286
Author(s):  
Oleksandr Shevchuk ◽  
Valentyna Zui ◽  
Ivanna Maryniv ◽  
Svitlana Davydenko ◽  
Sergii Mokhonchuk
Keyword(s):  
Human Rights ◽  
Medical Information ◽  
Legal Regulation ◽  
Right To Health ◽  
Healthcare Sector ◽  
Medical Information System ◽  
Fourth Generation ◽  
The Internet ◽  
Human Right ◽  
The Right

This work reveals the features of the administrative and legal regulation of the human right to access the Internet in the “concept of the right to health”. It is emphasized that the basis of the legal regulation of the human right to access the Internet in the "concept of the right to health" should be the recognition of the principles of the priority of human rights and freedoms, adequate state control, ensuring the choice of criteria that make it possible to realize accessibility, anonymity, and minimize the collection and processing of personal data about the patient. The structure of Internet relations in relation to the healthcare sector has been established, their analysis has been carried out, their object has been established. Legal constructions have been formulated: "information", "Internet" in the norms of international and national regulatory legal acts, as well as the terms "e-Health", "electronic cabinet", "electronic medical information system", the author's definition of "the right to access the Internet in the field of health care ". It has been established that the human rights to access the Internet in the “concept of the right to health” should be attributed to the fourth generation of human rights. The concept of "telemedicine" is formulated, their forms are disclosed, the stages of the evolution of legislation are established, and the problems of their legal regulation in the context of human rights are indicated. It is concluded that the consolidation of the right to access the Internet at the level of the Constitution of Ukraine is a necessity.

scholarly journals LEGAL ASPECTS OF USING NATURAL RESOURCES FOR HEALTH AND RECREATIONAL PURPOSES TO ENSURE HUMAN RIGHT TO HEALTH CARE

2021 ◽  
Vol 74 (11) ◽  
pp. 3077-3084
Author(s):  
Alla K. Sokolova ◽  
Maryna K. Cherkashyna
Keyword(s):  
Health Care ◽  
Natural Resources ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Right To Health ◽  
Legal Analysis ◽  
The European Union ◽  
Human Right ◽  
Right To Health Care ◽  
The Right

The aim: Is to conduct a comparative legal analysis of the use of natural resources for health and recreation purposes in Ukraine, the European Union, and other countries to improve the scientific theoretical basis of the legal regulation for the use, protection, and conservation of such natural resources. Materials and methods: The national and international legal instruments regulating the rights to health and the right to use natural resources for health and recreational purposes were examined by analyzing practices of foreign states in the field of these legal relations, in particular, the comparative-legal, complex, formal, and logical, structural and functional methods along with analytical and empirical research tools. Conclusions: The legislation of Ukraine does not fully disclose the concepts, features, classification of natural healing and recreational resources, and therefore many aspects of their use, protection, and conservation remain uncertain and unsecured provisions of regulations. The article features approaches to improving the current ecological legislation promoting proper legal regulation of using natural resources for health and recreational purposes, thereby creating the necessary conditions to ensure the right to health care.

scholarly journals Constitutional Right to Health Protection and Medical Care in Ukraine in the Context of the Pandemic COVID-19

2020 ◽  
Vol 13 (4) ◽  
pp. 99
Author(s):  
Yurii Nikitin ◽  
Valentyn Zolka ◽  
Mykhailo Korol ◽  
Yaroslav Kushnir ◽  
Nadiia Demchyk
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Personal Data ◽  
Legal Regulation ◽  
Right To Health ◽  
Health Protection ◽  
International Standards ◽  
Personal Data Protection ◽  
Control Functions ◽  
The Right

The content of the right to health protection and medical care according to Ukrainian legislation is analyzed in the article as well as peculiarities of its realisation in the context of the pandemic COVID-19. It examines also the correlation between the notion “health protection” and “medical care”. On the basis of this correlation, the conclusion is made that the right to health protection is broader and includes, but is not limited to, the right to medical care. Some international standards in the sphere of health protection, which constitute the basis of Ukrainian legislation in this area, are analyzed. The conclusion is made that Ukraine should take into account such standards while limiting human rights, in particular, the right to health protection and medical care in the context of the pandemic COVID-19. It is mentioned that the significant problem remains the legal regulation of quality control of medical care, the creation of organizational technologies with a clear division of control functions between the various actors in the health care system, which is extremely important in terms of the pandemic. The attention is also paid to the personal data protection issue in the sphere of health care. The conclusion is drawn that there should be mechanisms for reporting and protecting against abuse while collecting personal data, and people should be able to challenge any COVID-19-related measures for the collection, aggregation, storage and further use of their data.

scholarly journals Securing the right to health care: international legal aspects

2020 ◽  
Vol 10 (19) ◽  
pp. 103-111
Author(s):  
Halyna Muliar ◽  
Keyword(s):  
Health Care ◽  
Health Sector ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Right To Health ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Social ◽  
Constitutional Right ◽  
The Right

The article is devoted to the study of international legal aspects of ensuring the constitutional right to protect health in Ukraine in the modern development of the social state and modernization of the legal regulation of public relations. It is argued that the implementation of international legal standards is an important area of reforming the field of medical care and legal support for the provision of medical services, since health care reform requires intensifying the implementation of universal and regional standards in order to create an effective institutional system and an appropriate legislative framework. The health sector is one of the most important objects of public administration, since the social level of the welfare of the people and each individual citizen, the potential for sustainable development of the nation and the economic opportunities of the state and society directly depend on the quality of the provision of medical services. It is noted that the study of the general principles of international legal regulation of health care is of exceptional relevance at the present stage is constantly growing in the context of expanding the scope of international public law to issues that previously traditionally belonged to the sphere of regulation of domestic legislation of individual countries. One of these areas of legal regulation is the social sphere and, in particular, the health sector. In this area, the development and adoption of a large number of universal and regional international legal standards regarding the means of ensuring the proper level of public health, combating infectious and non-communicable diseases, and organizational reform of the system of health care institutions is observed. Thus, the standardization of the right to health care at the level of universal human rights standards is an important guarantee of the realization of this right at the domestic level, imposing on states, including Ukraine, responsibilities for its proper and effective provision. At the same time, general international human rights legal acts, which, among other objects of regulation, determine fundamental international standards in the field of health care, form the basic basis for ensuring the constitutional right to health care at the level of individual national legal systems.

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

scholarly journals A Human Rights-Based Approach to Maternal and Child Health in Ethiopia: Does it Matter to Promote Health Equities?

2020 ◽  
Author(s):  
Solomon Tekle Abegaz
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Child Health ◽  
Maternal And Child Health ◽  
Health Care Services ◽  
Right To Health ◽  
Human Right ◽  
Care Services ◽  
The Right ◽  
And Child Health

A rights-based approach to health helps to address health equity gaps. While several aspects of health as a human right exist, this chapter highlights particular indicators relevant to shaping a human rights approach to maternal and child health in Ethiopia. These indicators include recognition of the right to health; national health plan; accessible and acceptable health-care services; accountability; and a civil society that draws on the agency of vulnerable groups. Probing the extent to which the Ethiopian health system includes these features, this chapter identifies that the Federal Constitution does not adequately recognize maternal and child health as a human right. While identifying the positive developments of increased access to women’s and children’s health-care services in Ethiopia, the chapter also charts problems that limit further improvement, including health workers’ inability from making the right health-care decisions; extreme gaps in ensuring accountability; and a restrictive law that restrains social mobilization for a proper health rights movement. The chapter concludes by providing recommendations to the government of Ethiopia that addressing these problems using a rights-based approach offers an alternative pathway for the progressive realization of the right to health of women and children, and it thereby improves health inequities in the country.

scholarly journals Citizens' Rights to Health Protection and Medical Assistance, Guaranteed by Article 41 of the Constitution: Problems of Enforcement

2019 ◽  
Vol 3 (1) ◽  
pp. 97-103
Author(s):  
Ольга Фадеева ◽  
Olga Fadeeva
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Russian Federation ◽  
Medical Personnel ◽  
Right To Health ◽  
Health Protection ◽  
Medical Specialists ◽  
Medical Graduates ◽  
The Russian Federation ◽  
The Right

The paper reflects the state of the modern healthcare system and various enforcements of the right to medical care guaranteed by the Constitution of the Russian Federation. The right to health, as well as the provision of qualified, free, and timely health care, are among the most important and fundamental human rights. The paper also features some key enforcement problems concerning the right to health protection and medical care, guaranteed by Article 41 of the Constitution of the Russian Federation, e.g. a lack of medical personnel, untimely provision of the first aid, and insufficient financing in the health care system. The article also considers the causes and consequences of "staff shortages" in Russian hospitals, employment of medical graduates, and financial support of young medical specialists. The author analyzes the equipment status of medical organizations in 2018 and 2016, voices the problem of optimization in healthcare institutions by reducing the inpatient level and expanding outpatient clinics, and offers statistics of complaints to the Department of Public Health on quality and timeliness of medical care. The author believes that the enforcement of the right of citizens guaranteed by Article 41 of the Constitution of the Russian Federation can be characterized as very low, which indicates the pretentiousness of the law.

scholarly journals INTERNATIONAL ECONOMIC STANDARDS OF MEDICAL PROVISION: LEGAL CHARACTERISTICS AND PROBLEMS OF IMPLEMENTATION IN UKRAINE

2020 ◽  
Vol 5 (5) ◽  
pp. 28
Author(s):  
Dmytro Bilinskyi ◽  
Mushfik Damirchyiev
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Care Delivery ◽  
Synthesis Method ◽  
Legal Regulation ◽  
Right To Health ◽  
The State ◽  
International Standards ◽  
Medical Reform ◽  
The Right

The purpose of the paper is to analyze the current legislation on medical reform in the context of harmonization with international standards. In the conditions of social state building in Ukraine, the thesis is axiomatic regarding that the state should show concern for their citizens, including for the protection of their health. In this context, it is relevant to study the implementation of medical reform in Ukraine, since its content and the degree to which the proclaimed provisions are enforced depend on the ability of each person to access quality health care. Methodology. The article is based on international legal acts, laws and by-laws of Ukraine in the field of legal regulation of medical care. Both general scientific and special methodology were used for the research. Methods of analysis and synthesis, method of description, method of induction, method of deduction, method of correlation, etc. were applied. Results. The article defines the directions for harmonization of the legislation of Ukraine on health protection in accordance with international standards. Based on the ECHR practice, proposals have been formulated to improve the legislation of Ukraine. Conclusions. The ECHR has repeatedly concluded that the right to health is complex and includes: the right to information about one's health and the confidentiality of such information; the right to health care; the right to choose the doctor and the remedies freely; the right to a safe environment that affects health and so on. The state does not cover all aspects of providing medical care to citizens, but resorts to limited funding, since the state budget funds are only one of the types of sources of financing. Practical implications. We have formulated the following tasks: to analyze Ukraine's international legal obligations regarding health care; to identify major changes in health care financing and health care delivery in line with health care reform standards in Ukraine; to identify major health care funding issues.

A Right to Health Care

2012 ◽  
Vol 40 (2) ◽  
pp. 268-285 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
Physical And Mental Health ◽  
Human Right ◽  
Economic Rights ◽  
Right To Health Care ◽  
The Right ◽  
International Conventions ◽  
Special Case

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically unfulfilled. According to recent figures, roughly two billion people lack access to essential drugs or to primary health care. Millions are afflicted by infections and illnesses that are easily avoidable or treatable. In the developing world many children die or grow stunted and damaged for lack of available treatments. Tropical diseases receive little or no attention by the major pharmaceutical companies’ research departments. Is this a massive violation of the right to health? And if so, why does it attract so little attention? Is it because our supposed commitment to human rights and the rule of law is hypocritical and hollow? Or is it because the right to health is a special case of a right, so that these tragedies are no violation at all? Jennifer Prah Ruger summarized this puzzle when she wrote: “one would be hard pressed to find a more controversial or nebulous human right than the right to health.” In this essay I discuss three different theories of a right to health care. I conclude by offering my own reconstruction of one such theory.

scholarly journals PENGATURAN PENYELENGGARAAN IBADAH UMRAH DALAM PERSPEKTIF HAK ATAS KESEHATAN

Arena Hukum ◽  
2021 ◽  
Vol 14 (3) ◽  
pp. 567-586
Author(s):  
Asep Kusnali ◽  
Rustika Rustika ◽  
Riati Anggriani ◽  
Siti Maimunah ◽  
Haris Budiman
Keyword(s):  
Health Care ◽  
Saudi Arabia ◽  
Health Sector ◽  
Right To Health ◽  
Legal Research ◽  
Application Of Law ◽  
Sociological Jurisprudence ◽  
The Government ◽  
The Right ◽  
Health Regulations

The government has issued regulations to ensure the health of Umrah pilgrims however there is no standard of health care for the Umrah pilgrims, either before departing, while traveling and in Saudi Arabia or returning to Indonesia. This study analyzes the Umrah health regulations and their implementation in the perspective of the rights to health. This research is a legal research design with sociological jurisprudence because the object under study is the application of law. The results of this study have explained that the right to health of Umrah pilgrims has been guaranteed in Law no. 8 of 2019 concerning the Implementation of Hajj and Umrah. However, there are still obstacles in the implementation which are the responsibility of the Umrah Travel Organizer, so it is necessary to make a policy by the ministry that organizes affairs in the health sector after carrying out affairs in the field of religion.

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